July 31, 2025
Schlam Stone & Dolan obtained a major victory in CoreCivic, Inc. v. Governor Of New Jersey, Attorney General Of New Jersey (No. 23-2598, July 22, 2025; https://www2.ca3.uscourts.gov/opinarch/232598p.pdf), in which The United States Court of Appeals For The Third Circuit affirmed a district court decision and order barring enforcement against CoreCivic of a New Jersey law (AB-5207) that precludes private entities from contracting with the federal government to house civil immigration detainees.
CoreCivic, a national leader in corrections and detention management, has long operated the Elizabeth Detention Center (“EDC”), the only facility in New Jersey currently used by the federal government for civil immigrant detention. By decision and order dated August 29, 2023, New Jersey district judge Robert Kirsch, citing principles of intergovernmental immunity and federal preemption, granted summary judgment to CoreCivic and enjoined New Jersey from enforcing AB-5207 in such manner as to prevent CoreCivic from contracting with ICE to operate the EDC.
New Jersey appealed, and the Third Circuit heard oral argument on May 1, 2025. By Opinion and Judgment dated July 22, 2025, the Circuit affirmed on grounds of intergovernmental immunity, rejecting New Jersey’s argument that, because it barred private parties from contracting for immigration detention without explicitly naming the federal government, AB-5207 did not directly regulate the federal government: “True, its text does not apply to the federal government. But we can easily see the law for what it really is: a regulation ‘laid upon the contract of the government.’” July 22 Opinion, p. 17 (citation omitted.) The opinion was written by Judge Stephanos Bibas and joined by Judge Cheryl Ann Krause. Judge Thomas L. Ambro dissented.
The Circuit’s Opinion and Judgment allow CoreCivic to continue to operate the EDC under an agreement it reached with ICE shortly after Judge Kirsch’s August 2023 decision.
CoreCivic was represented by Schlam Stone & Dolan lawyers Bradley Simon, who presented the May 1 oral argument, Thomas Kissane and David Goldsmith.